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Thread: Is the AG BS-ing on paper?

  1. #1
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    Is the AG BS-ing on paper?

    So as many of you are aware at this point the Kansas Bill of Rights section 4 reads:
    __________________________________________________ __________________________________________________ __________________________________
    Correction. Thanks Marine
    4. Kansas Bill of Rights
    Right to Bear Arms
    Sec, 4. A person has the right to keep and bear arms for the defense of self, family,
    home and state, for lawful hunting and recreational use, and for any other lawful
    purpose.
    __________________________________________________ __________________________________________________ __________________________________




    The current AG's opinion reads:
    __________________________________________________
    March 11, 2011

    ATTORNEY GENERAL OPINION NO. 2011- 006

    The Honorable Lana Gordon
    State Representative, 52nd District
    300 SW 10th Avenue
    Topeka, Kansas 66612

    Re: Cities and Municipalities—Miscellaneous Provisions—Firearms and
    Ammunition; Regulation by City or County, Limitations; Openly Carrying a
    Loaded Firearm.

    Synopsis: A city or county may regulate the manner of openly carrying a loaded
    firearm on the person of a concealed carry permit holder. A city or county
    may regulate the manner of openly carrying a loaded firearm on the
    person of a non-holder of a concealed carry permit holder. A city or
    county may regulate the manner of openly carrying a loaded firearm in the
    immediate control of a non-holder of a concealed carry permit holder,
    whether on public or private property. A city or county may not regulate
    the manner of openly carrying a loaded firearm in the immediate control of
    a holder of a concealed carry permit when such holder is on public
    property. Cited herein: K.S.A. 2010 Supp. 12-16,124.
    __________________________________________________ _______________



    So....Let me get this straight. The US constitution gives us the right to bear arms. The KS state Bill of Rights also gives the right to bear arms for the purposes of defense and security. The AG opines that city and county governments are allowed to regulate loaded open carry if the person carrying is not a license holder. Doesn't the state's Bill of Rights preempt the AG's opinion on this matter? Since the very act of carrying an "unloaded" firearm for the purposes of self defense is Null. That is, assuming the definition of "loaded firearm" means having any live ammunition in the magazine or chamber.
    Last edited by Seif5034; 08-26-2012 at 04:38 PM.

  2. #2
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    KS Right to Bear Arms

    For the interest of accuracy the Right to Bear Arms language was amended in the KS constitution a couple of years ago with a record setting 89.9% of Kansanís in Favor.

    Kansas Bill of Rights
    Right to Bear Arms
    Sec, 4. A person has the right to keep and
    bear arms for the defense of self, family,
    home and state, for lawful hunting and
    recreational use, and for any other lawful
    purpose.

    Thank you for your post and I believed any reasonable person on this forum agrees with you. We are currently challenging Overland Park and Wyandotte County, KCK. Hopefully in September or October Overland Park might have some resolutions.

    Keep the faith and stay actively challenging OC bans

  3. #3
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    Thank-you for the correction.

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